New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 104)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:Crimes (Sentencing Procedure) Act 1999Crimes Legislation Amendment (Sentencing) Act 1999Crimes Legislation Amendment (Existing Life Sentences) Act 2001Justice Legislation Amendment (Non-association and Place Restriction) Act 2001 (to the extent only to which it amends this Act)Criminal Legislation Amendment Act 2001 , to the extent that it amends this ActCrimes (Sentencing Procedure) Amendment (General Sentencing Principles) Act 2002Crimes Legislation Amendment (Periodic and Home Detention) Act 2002Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002Crimes Legislation Amendment (Criminal Justice Interventions) Act 2002Crimes Legislation Amendment Act 2002 (but only to the extent that it amends this Act)Crimes Legislation Amendment (Parole) Act 2003 , to the extent that it amends this ActCrimes Legislation Amendment Act 2003Crimes Legislation Further Amendment Act 2003 (but only to the extent that it amends this Act)Courts Legislation Amendment Act 2004 (but only to the extent that it amends this Act)Crimes (Sentencing Procedure) Amendment (Victim Impact Statements) Act 2004Crimes (Sentencing Procedure) Amendment Act 2006Crimes and Courts Legislation Amendment Act 2006 , to the extent that it amends this ActCrimes (Sentencing Procedure) Amendment Act 2007Crimes (Sentencing Procedure) Amendment (Life Sentences) Act 2008Crimes (Sentencing Procedure) Amendment (Victim Impact Statements) Act 2008Crimes Amendment (Sexual Offences) Act 2008Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 (but only to the extent that it amends this Act or an Act amended by Schedule 5 to that Act)Crimes (Sentencing Procedure) Amendment Act 2010 (but only to the extent that it amends this Act)Courts and Other Legislation Amendment Act 2011 (but only to the extent that it amends this Act)Crimes (Sentencing Procedure) Amendment (Children in Vehicles) Act 2011Criminal Case Conferencing Trial Repeal Act 2012
(2) Such a provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3) To the extent to which such a provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of that publication.
In this Division:
"1981 Act" means the Periodic Detention of Prisoners Act 1981 , as in force
immediately before the appointed day.
"appointed day" means the day on which Part 5 of this Act commences.
Any order for periodic detention that, immediately before the appointed day, was in force under the 1981 Act:
(a) is taken to be a periodic detention order within the meaning of this Act, and
(b) is taken to be subject to the same conditions as those to which it was subject immediately before that day.
Any undertaking entered into under section 5 (1B) of the 1981 Act is taken to be an undertaking entered into under section 66 of this Act.
Any order that, immediately before the appointed day, was in force under section 5 (6) of the 1981 Act is taken to be an order of the same kind made under this Act, and may be amended or revoked accordingly.
A suitability report prepared under section 5 (7) of the 1981 Act is taken to be an assessment report prepared under section 69 of this Act.
Any warrant that, immediately before the appointed day, was in force under section 6 of the 1981 Act is taken to be a warrant in force under this Act, and may be enforced accordingly.
Any notice served on a person before the appointed day under section 7 of the 1981 Act is taken to have been served on the person under section 72 of this Act.
In this Division:
"1996 Act" means the Home Detention Act 1996 , as in force immediately before
the appointed day.
"appointed day" means the day on which Part 6 of this Act commences.
Any home detention order that, immediately before the appointed day, was in force under the 1996 Act:
(a) is taken to be a home detention order within the meaning of this Act, and
(b) is taken to be subject to the same conditions as those to which it was subject immediately before that day.
Any assessment report prepared under section 10 of the 1996 Act is taken to be an assessment report prepared under section 81 of this Act.
Any undertaking entered into under section 12 of the 1996 Act is taken to be an undertaking entered into under section 78 of this Act.
In this
Division:
"1979 Act" means the Community Service Orders Act 1979 , as in force
immediately before the appointed day.
"appointed day" means the day on which Part 7 of this Act commences.
Any community service order that, immediately before the appointed day, was in force under the 1979 Act:
(a) is taken to be a community service order within the meaning of this Act, and
(b) is taken to be subject to the same conditions as those to which it was subject immediately before that day.
Any report prepared under section 6 of the 1979 Act is taken to be an assessment report prepared under section 89 of this Act.
Any copy of a community service order served on a person before the appointed day under section 12 of the 1979 Act is taken to be notice of the order served in accordance with section 93 of this Act.
In this Division:
"1989 Act" means the Sentencing Act 1989 , as in force immediately before the
appointed day.
"appointed day" means the day on which Part 4 of this Act commences.
Any parole order that, immediately before the appointed day, was in force under the 1989 Act:
(a) is taken to be a parole order within the meaning of this Act, and
(b) is taken to be subject to the same conditions as those to which it was subject immediately before that day.
(1) The term of a sentence ascertained under the 1989 Act is taken to be the term of the sentence determined under this Act.
(2) Any minimum term determined under the 1989 Act is taken to be a non-parole period determined under this Act.
(3) Any additional term determined under the 1989 Act is taken to be that part of a sentence of imprisonment whose term has been determined under this Act as occurs after the expiry of the non-parole period for the sentence.
(4) Any fixed term determined for a sentence under the 1989 Act is taken to be the term of the sentence determined under this Act.
Any information given by a court for the purposes of section 8 of the 1989 Act is taken to have been given for the purposes of section 48 of this Act.
(1) Any application under section 13A of the 1989 Act that had been made, but not determined, before the appointed day is to be determined in accordance with Schedule 1 to this Act.
(2) In particular, any such application that had been made before 8 May 1997 under section 13A of the 1989 Act but had not been determined as at the date of assent to the Crimes (Sentencing Procedure) Amendment (Existing Life Sentences) Act 2005 , being an application made by an offender who is the subject of a non-release recommendation:(a) is not to be determined until the offender has served at least 30 years of the existing life sentence to which the application relates, and(b) is to be disposed of in accordance with clause 4 (3) of Schedule 1 to this Act, and not otherwise.
(3) Any determination in force immediately before the appointed day under section 13A (4) of the 1989 Act, or made after the appointed day under that subsection, is taken to be a determination under clause 4 of Schedule 1 to this Act.
(4) Any direction in force immediately before the appointed day under section 13A (8) of the 1989 Act, or given after the appointed day under that subsection, is taken to be a direction under clause 6 of Schedule 1 to this Act.
(1) Schedule 2 to the 1989 Act, and the 1989 Regulation, continue to have effect in relation to:(a) an existing licence, and(b) an existing sentence, and(c) a person the subject of an existing licence or existing sentence,as if this Act and the Crimes Legislation Amendment (Sentencing) Act 1999 had not been enacted.
(2) In this clause:
"1989 Regulation" means the Sentencing (Savings and Transitional Provisions) Regulation 1989 .
"existing licence" has the same meaning as it has in the 1989 Act.
"existing sentence" means a sentence of imprisonment to which a person was subject immediately before the repeal of the Probation and Parole Act 1983 .
In this Division:
"1986 Act" means the Criminal Procedure Act 1986 , as in force immediately
before the appointed day.
"appointed day" means the day on which Part 3 of this Act commences.
A victim impact statement prepared before the appointed day in accordance with the requirements of Part 6A of the 1986 Act is taken have been prepared in accordance with the requirements of Division 2 of Part 3 of this Act.
A document prepared before the appointed day in accordance with the requirements of section 21 of the 1986 Act is taken have been prepared in accordance with the requirements of section 32 of this Act.
The power of a court to make ancillary orders under section 34 of this Act in relation to a further offence that has been taken into account by the court under Division 3 of Part 3 of this Act extends to an offence that has been taken into account by the court under Part 6 of the 1986 Act.
Division 4 of Part 3 applies to guideline judgments given under Part 8 of the 1986 Act in the same way as it applies to guideline judgments given under that Division.
In this Division:
"1900 Act" means the Crimes Act 1900 , as in force immediately before the
appointed day.
"appointed day" means:
(a) in relation to clause 29 (1), the day on which Schedule 3 [6] to the Crimes Legislation Amendment (Sentencing) Act 1999 commences, or
(b) in relation to clause 29 (2), the day on which Schedule 3 [7] to the Crimes Legislation Amendment (Sentencing) Act 1999 commences.
(1) Any recognizance that, immediately before the commencement of Schedule 3 [6] to the Crimes Legislation Amendment (Sentencing) Act 1999 , was in force under section 547 of the 1900 Act continues to have effect, and may be enforced in accordance with that section, as if that section had not been repealed.
(2) Any recognizance that, immediately before the commencement of Schedule 3 [7] to the Crimes Legislation Amendment (Sentencing) Act 1999 , was in force under section 556A or 558 of the 1900 Act continues to have effect, and may be enforced in accordance with Part 15 of that Act, as if that Part had not been repealed.
In this Division:
"1902 Act" means the Justices Act 1902 , as in force immediately before the
appointed day.
"appointed day" means the day on which Schedule 4.35 [17] to the Crimes
Legislation Amendment (Sentencing) Act 1999 commences.
Any warrant that, immediately before the commencement of Schedule 4.35 [17] to the Crimes Legislation Amendment (Sentencing) Act 1999 , was in force under section 80AA of the 1902 Act is taken to be a warrant under section 25 of this Act, and may be enforced accordingly.
In this Division:
"appointed day" means the day appointed under section 2 for the commencement
of the provision of this Act in relation to which that expression is used.
"old legislation" means:
(a) any Act or instrument repealed by Schedule 1 to the Crimes Legislation Amendment (Sentencing) Act 1999 , as in force immediately before its repeal, and
(b) any Act or instrument amended by Schedule 2, 3, 4 or 5 to the Crimes Legislation Amendment (Sentencing) Act 1999 , as in force immediately before its amendment.
Section 15 of this Act does not apply to an offence committed before 17 March 1991 (the date on which section 440AA of the Crimes Act 1900 commenced) so as to enable a fine to be imposed on an offender in addition to any other penalty imposed on the offender for the same offence.
Section 63 of this Act extends to offenders sentenced before the appointed day.
Any delegation that, immediately before the appointed day, was in force under a provision of the old legislation for which there is a corresponding provision in this Act is taken to be a delegation in force under the corresponding provision of this Act.
Subject to the regulations, in any Act or instrument:
(a) a reference to a provision of the old legislation for which there is a corresponding provision in this Act extends to the corresponding provision of this Act, and
(b) a reference to any act, matter or thing referred to in a provision of the old legislation for which there is a corresponding provision in this Act extends to the corresponding act, matter or thing referred to in the corresponding provision of this Act.
Subject to the regulations:
(a) anything begun before the appointed day under a provision of the old legislation for which there is a corresponding provision in this Act may be continued and completed under the old legislation as if the Crimes Legislation Amendment (Sentencing) Act 1999 had not been enacted, and
(b) subject to paragraph (a), anything done under a provision of the old legislation for which there is a corresponding provision in this Act (including anything arising under paragraph (a)) is taken to have been done under the corresponding provision of this Act.
In this Part, "the 2001 amending Act" means the Crimes Legislation Amendment (Existing Life Sentences) Act 2001 .
Section 22A extends to proceedings for an offence that were instituted (but not finally determined) before the commencement of that section.
Any guideline judgment given by the Court of Criminal Appeal before the commencement of section 37A that would have been validly given had section 37A commenced before it was given has, and is taken always to have had, the same force and effect as it would have had if section 37A had commenced before it was given.
Section 37B extends to any guideline judgment given before the commencement of that section (whether under Division 4 of Part 3 or apart from that Division).
Section 51 (1B) (b) applies to a parole order regardless of whether the order was made before, on or after the commencement of that provision.
Section 17A, as inserted by the Justice Legislation Amendment (Non-association and Place Restriction) Act 2001 , does not apply to any offence committed before the commencement of that section.
(1) Except as provided by subclause (2), the amendments made to this Act by the Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 do not apply to offences committed before the commencement of the amendments.
(2) Sections 3A and 21A of this Act, as inserted by the Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 , apply to the determination of a sentence for an offence whenever committed, unless:(a) a court has convicted the person being sentenced of the offence, or(b) a court has accepted a plea of guilty to the offence and the plea has not been withdrawn,before the commencement of the section concerned.
(3) Section 21A of this Act, as in force immediately before its repeal by the Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 , continues to apply as if it had not been repealed to the determination of a sentence for an offence in respect of which:(a) a court has convicted the person being sentenced of the offence, or(b) a court has accepted a plea of guilty to the offence and the plea has not been withdrawn,before that repeal.
(4) In this clause:
"convict" includes make a finding of guilt.
A guideline judgment made before the commencement of any amendment to this Act made by the Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 continues to have effect, except to the extent to which it is inconsistent with this Act, as so amended.
An amendment to this Act made by the Crimes Legislation Amendment (Criminal Justice Interventions) Act 2002 extends to an offence committed before the commencement of the amendment unless proceedings (other than committal proceedings) for the offence were commenced before the commencement of the amendment.
(1) An amendment to section 55 or 56 made by the Crimes Legislation Amendment Act 2002 applies only to a new sentence of imprisonment imposed in relation to an offence committed after the commencement of the amendment, and so applies whether or not the old sentence was imposed before the commencement of the amendment.
(2) In subclause (1), "new sentence of imprisonment" means a sentence of imprisonment imposed on an offender who, when being sentenced, is subject to another sentence of imprisonment that is yet to expire, or in respect of whom another sentence of imprisonment has been imposed in the same proceedings, and "old sentence of imprisonment" means that other sentence of imprisonment (that term having the extended meaning given by section 56 (6), as inserted by the Crimes Legislation Amendment Act 2002 ).
The amendment to section 58 made by the Crimes Legislation Amendment Act 2002 applies only to a new sentence (within the meaning of that section) imposed in relation to an offence committed after the commencement of the amendment, and so applies whether or not the old sentence (within the meaning of that section, as amended by the Crimes Legislation Amendment Act 2002 ) was imposed before the commencement of the amendment.
Section 51 (1AA), as inserted by the Crimes Legislation Amendment (Parole) Act 2003 , does not apply to any parole order made by a court under section 50 before the commencement of that subsection.
(1) Section 65B, as inserted by the Crimes Legislation Amendment Act 2003 , does not apply to proceedings commenced before the commencement of that section.
(2) For the purposes of this clause, proceedings on indictment following an accused person’s committal for trial for an offence are taken to have commenced when committal proceedings for the offence were first commenced.
(3) Section 65B, as inserted by the Crimes Legislation Amendment Act 2003 , extends to offences committed before the commencement of that section and, for that purpose, a "prescribed sexual offence" is taken to include:(a) an offence committed before 13 June 2003 under Division 10 or 10A of Part 3 of the Crimes Act 1900 , as in force from time to time before that date, being:(i) an offence committed on a person under the age of 16 years, or(ii) an offence, committed on a person of any age, the elements of which include sexual intercourse (as defined by section 61H of that Act), homosexual intercourse (as defined by section 78G of that Act) or carnal knowledge (as defined by section 62 (2) of that Act), and(b) an offence committed before 17 March 1991 under section 61B, 61C, 61D, 61E or 61F of the Crimes Act 1900 , as in force from time to time before that date, being:(i) an offence committed on a person under the age of 16 years, or(ii) an offence, committed on a person of any age, the elements of which include sexual intercourse (as defined by section 61A of that Act), and(c) the offence of rape committed before 14 July 1981 as referred to in section 63 or 65 of the Crimes Act 1900 , as in force from time to time before that date.
(1) Section 58, as in force immediately before its substitution by the Crimes Legislation Further Amendment Act 2003 , continues to apply to offences for which proceedings had commenced before its substitution.
(2) Section 58, as substituted by the Crimes Legislation Further Amendment Act 2003 , extends to offences committed before the commencement of that section, other than offences for which proceedings had commenced before its substitution.
The amendments made to sections 27 and 28 of this Act by the Crimes (Sentencing Procedure) Amendment (Victim Impact Statements) Act 2004 extend to offences committed before the commencement of those amendments, whether or not proceedings were commenced before that commencement.
A form to the effect of a form prescribed for the purpose of section 32, 62, 66, 73 or 78 by a regulation in force immediately before the commencement of Schedule 4 to the Courts Legislation Amendment Act 2004 may be used for the purpose of the relevant section until such time as regulations are made under section 103 (2).
The amendments made to this Act by the Crimes (Sentencing Procedure) Amendment Act 2006 apply to the determination of a sentence for an offence whenever committed, unless:
(a) the court has convicted the person being sentenced of the offence, or
(b) a court has accepted a plea of guilty and the plea has not been withdrawn,before the commencement of that Act.
(1) The amendments made to sections 12 and 99 by the Crimes and Courts Legislation Amendment Act 2006 , and section 10A, as inserted by that Act, extend to proceedings commenced (but not concluded) before the commencement of the amendments.
(2) The amendments made to section 99 by the Crimes and Courts Legislation Amendment Act 2006 extend to proceedings in respect of the revocation of a good behaviour bond entered into before the commencement of the amendments, subject to subclause (3).
(3) The amendments to section 99 do not require a non-parole period in respect of a sentence of imprisonment to be set on the revocation of a good behaviour bond entered into before the commencement of the amendments if the non-parole period was set at the time that the sentence was suspended.
The amendments made to this Act by the Crimes (Sentencing Procedure) Amendment Act 2007 apply to the determination of a sentence for an offence whenever committed, unless:
(a) the court has convicted the person being sentenced of the offence, or
(b) a court has accepted a plea of guilty and the plea has not been withdrawn,before the commencement of the amendments.
(1) An amendment made to this Act by the Crimes (Sentencing Procedure) Amendment (Victim Impact Statements) Act 2008 applies in respect of any victim impact statement that is first received by a court after the commencement of the amendment.
(2) This Act, as in force immediately before any such amendment, continues to apply in respect of any victim impact statement received by a court before the commencement of the amendment.
(1) An amendment made to Part 3 of this Act by the Crimes Amendment (Sexual Offences) Act 2008 applies to the determination of a sentence for an offence whenever committed, unless:(a) a court has convicted the person being sentenced of the offence, or(b) a court has accepted a plea of guilty and the plea has not been withdrawn,before the commencement of the amendment.
(2) In this clause:
"convict" includes make a finding of guilt.
(1) An amendment made to section 54D by the Crimes Amendment (Sexual Offences) Act 2008 does not affect any sentence imposed before the commencement of that amendment.
(2) The Table to Division 1A of Part 4, as in force immediately before its amendment by the Crimes Amendment (Sexual Offences) Act 2008 , continues to apply in respect of an offence against section 66A of the Crimes Act 1900 committed before the commencement of the amendment.
(1) The repeal of section 6 (Periodic detention) does not affect the continuity of operation of a periodic detention order made before the repeal of that section. Such an order continues in force despite the repeal of that section, subject to this Act and the Crimes (Administration of Sentences) Act 1999 .
(2) This Act and each amended Act (and the regulations under this Act and each amended Act) continue to apply to and in respect of the following as if the Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 had not been enacted:(a) a periodic detention order made before the repeal of section 6,(b) a person subject to such an order,(c) the revocation of such an order and the reinstatement of such an order.
(3) In this clause, "amended Act" means an Act amended by Schedule 5 to the Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 .
(1) In this Part:
"amending Act" means the Crimes (Sentencing Procedure) Amendment Act 2010 .
(2) An amendment made by the amending Act applies to the determination of a sentence for an offence whenever committed, unless:(a) a court has convicted the person being sentenced of the offence, or(b) a court has accepted a plea of guilty and the plea has not been withdrawn,before the commencement of the amendment concerned.
Without limiting section 53 of the Interpretation Act 1987 , the amendment of section 100I by the Courts and Other Legislation Amendment Act 2011 does not affect the appointment of any existing member of the Sentencing Council (including the appointment of the existing Chairperson of the Council).
In this Part:
"repeal date" means the date of assent to the Criminal Case Conferencing Trial
Repeal Act 2012 .
"repealed Act" means the Criminal Case Conferencing Trial Act 2008 , as in
force immediately before its repeal.
Except as provided by this Part, the repealed Act ceases to apply on and from the repeal date to and in respect of any proceedings for an offence to which the repealed Act applied immediately before the repeal date (regardless of what steps have been taken with respect to any compulsory conference under the repealed Act in the proceedings).
(1) Part 4 (Sentences-guilty pleas) of the repealed Act continues to apply (as if it had not been repealed) to and in respect of the sentencing of an offender on or after the repeal date in proceedings for an offence to which the repealed Act applied immediately before the repeal date, but not to the sentencing of an offender who pleads guilty, on or after the repeal date, at any time after being committed for trial.
(2) The repeal of the repealed Act does not affect a sentence imposed before the repeal date.
The following provisions of the repealed Act continue to apply (as if the Act had not been repealed):
(a) section 6 (4) of the repealed Act, to and in respect of the admissibility of evidence of anything said or admission made (as referred to in that provision) before the repeal date, in any proceedings before a court, tribunal or body commenced before, or on or after, that date,
(b) section 9 (3) (as qualified by section 9 (7)) of the repealed Act, to and in respect of a pre-conference disclosure certificate filed with the Local Court before the repeal date, in relation to any Local Court proceedings with respect to the matters set out in it commenced before, or on or after, the repeal date,
(c) section 12 (5) of the repealed Act, to and in respect of a compulsory conference certificate filed before the repeal date,
(d) section 13 of the repealed Act, to and in respect of:(i) the production and admissibility of a compulsory conference certificate filed before the repeal date (or a copy of such a certificate), in any proceedings before a court, tribunal or body commenced before, or on or after, that date, and(ii) a disclosure of a compulsory conference certificate filed before the repeal date or a copy of such a certificate (or any of its contents) that occurs on or after the repeal date,Note: Section 13 (5) of the repealed Act creates an offence of disclosing the contents of a filed compulsory conference certificate (or copy) in contravention of section 13 (1) of the repealed Act.
(e) section 14 of the repealed Act, to and in respect of a disclosure of information referred to in that section that occurs before, or on or after, the repeal date.
(1) The provisions of this Part are subject to any regulations made under clause 1.
(2) Except to the extent otherwise provided by this Part, nothing in this Part affects the application of section 30 of the Interpretation Act 1987 .